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A Video Explaining Intentional Torts  

https://zalma.com/blog

Negligence, strict liability, absolute liability, and products liability  all are \\u201caccidental\\u201d by definition: the persons being held liable for  injury to the plaintiff had no intent to harm the plaintiff. Intentional  torts are harmful or offensive contact, intentionally done. If I  attempt to hit you but hit someone else, have I committed a battery?  Yes. It was the intent to wrongfully touch someone that establishes the  tort. The intent is called \\u201cscienter,\\u201d which is an evil intent.  Intentional torts come in many forms, some of which are described below.  Battery is the intentional use of force or violence upon the person of  another; or the intentional administration of a poison or other noxious  liquid or substance to another.  Assault is an unlawful attempt, coupled with a present ability, to  commit a violent injury on the person of another. The investigation and  defenses to the tort are identical to that of battery.  A battery occurs when the attempt to commit a violent injury included  within the definition of assault is effected and a person is actually  injured.  Trespass: A person who comes on the land without privilege or consent  commits the tort of trespass. A person who trespasses is presumed to  have harmed the land. The extent of the harm is subject to proof.  Defamation is an invasion of the interest in reputation. It includes  libel, which is a written defamation, and slander, which is an oral  defamation. To prove defamation the plaintiff must show a publication  that is false and that has a natural tendency to injure or which causes  special damage. The publication must be intended, but no malice or ill  will is required.  False imprisonment is \\u201cthe unlawful violation of the personal liberty of  another.\\u201d (California Penal Code \\xa7 236). The tort requires direct  restraint of the person for an appreciable length of time. The plaintiff  must have been compelled to stay or go somewhere against his or her  will. The physical force may be slight, like an officer putting his hand  on a person\\u2019s shoulder. Actual force is not essential. The restraint  can be by words, gestures, or acts. A false arrest is one way to commit  the tort of false imprisonment.  Malicious Prosecution was originally limited to unjustifiable criminal  litigation, causing damage to reputation, and the expense of defending  proceedings. Initiating or procuring the arrest and prosecution of  another under lawful process, but for malicious motives and without  probable cause, is tortious. A person who causes a third person to  institute a malicious prosecution is liable, as if he or she had  personally instituted it. It has often been held that actions for  malicious prosecution are, for reasons of public policy, \\u201cnot favored.\\u201d  The tort now applies to maliciously prosecuted civil actions as well as  criminal.  \\xa9 2021 \\u2013 Barry Zalma